FAQ

No. In Australia divorce, parenting and financial issues are dealt with separately. Parties do not need to be divorced before their parenting and financial details can be dealt with.

It is important to have a good idea of the assets, debts and superannuation balances of both partners. This knowledge will assist when ensuring that you receive a fair share of the asset pool in your property settlement. You should consider discussing your rights with a solicitor from Kaberry Family Law prior to separation. We can advise you of your rights and how the assets of your relationship may be divided. This knowledge can assist you to begin discussions with your partner in confidence. Should there be any dispute, Kaberry Family Law can advise you further.

Yes, you will need a solicitor. Unless you have your agreement formalized into a Court Order or legally binding document, you continue to be vulnerable to future claims for property by your partner. Whilst Consent Orders may be entered into without legal advice, you may still be at risk if you agree to a division of property without first seeking advice. It is essential that you are fully informed of any potential disadvantages prior to finalizing the agreement. Property settlements can become complicated and you should not agree to a division of property of your relationship without a complete understanding of your legal rights, the value of assets and the tax consequences. Without a Court Order or Binding Financial Agreement your agreement is not legally enforceable pursuant to the Family Law Act 1975.

Depending on the ages of the children they will usually live with the parent who has been the primary carer and will spend time with the other parent. Whilst there is a general presumption that parental responsibility is shared equally between both parents, this does not also mean that each parent has equal time with the children. There are a vast range of variables and different circumstances which must be considered before determining what is in a child’s best interests. These arrangements may also change as the children grow. Kaberry Family Law can advise you how best to protect your children and safely protect and enhance their relationships with each other and both parents even during the process of separation.

The Federal Circuit and Family Court of Australia considers that it is in a child’s best interests to have a relationship with both parents. Unless there is a good reason not to, both parents should encourage their children to continue a meaningful relationship with the other parent. The views of older children are taken into account. Where there is a history of violence, neglect or abuse, the Federal Circuit and Family Court of Australia will do their utmost to protect the children and special arrangements need to be made to ensure that this occurs. Kaberry Family Law can assist you to reach an agreement that is appropriate for your children and family. In the event that your matter proceeds to court, it may be that an Independent Children’s Lawyer is appointed to solely look out for the best interests of your children.

We will assist you to negotiate an arrangement to ensure that you maintain a relationship with your children. It is in your children’s best interests to have a positive relationship with each parent after separation unless there are circumstances of abuse, violence or neglect. If no agreement can be reached Kaberry Family Law can assist you to obtain Court Orders. It is rare that a parent is not able to spend time with their children but this can occur if it can be shown that the children are at serious risk of emotional or physical harm.

Your direct financial contributions towards the cost of maintaining the property (such as payment of renovations or towards the mortgage), as well as your non-financial contributions such as being the homemaker must be considered when dividing property interests. In these circumstances you are likely to have an interest in the property. Kaberry Family Law can advise you as to whether you have a claim on such a property and how to realistically go about finalizing matters efficiently.